Agnone

BACKGROUND

At his deposition, Frank disclosed that he had placed thousands of dollars of sports bets with Madick during his marriage to Shawn, mainly in the last five years. Shawn subsequently served Madick with a deposition subpoena for personal appearance and the production of documents related to Frank’s sports bets. The attached notice specified that the deposition would be conducted “by way of a Virtual Conference Zoom link” and that Madick “and his counsel shall participate using their own computer equipped with a webcam, and with a stable land-line/wired ethernet connection to the Internet.” Madick acknowledged receipt of the subpoena without objection. Madick appeared for the deposition via webcam. His attorney, Jeffrey Katofsky, stated his appearance and confirmed he was in the same room as Madick, but refused to turn on his webcam. Shawn’s counsel objected, explaining he could not tell if Katofsky was “making any visual signs” or otherwise coaching Madick “to answer one way or another.” He repeatedly asked

3 Katofsky either to turn on his webcam or to sit next to Madick where they could be seen on the same camera. Katofsky refused each request, stating only, “I am not…